IV. Two-way
communication, or negotiating
A. What is two-way communication, aka negotiating
Negotiating used to
be called sales or personal selling.
This process involves two-way back-and-forth interaction, between the
potential buyer and the seller who shapes and makes the offer. The good salesman listens carefully to the
buyer’s description of his suffering or problem. He then frames his offer – assuming that the
product or service will solve the problem or alleviate the suffering – to be
responsive to the presented problem.
1. Why this process is of value to karst rapid
responders: Once you have been
involved in a karst rapid response situation for a while and show no sign of
going away or backing down, your group may discover that the other side wants
to sit down and negotiate terms with you. Do not rush to the table! Naïve
cavers may be easily seduced by old pros at the negotiating game into thinking
they are helping solve the karst problem, when in fact they are being co-opted
to move the development forward. Be a
savvy salesman – and recruit legal and technically expert talent before going
any further.
2. Legal advice: You may not need a lawyer at
first, but sooner or later your organization will need to incorporate as a
non-profit under your state’s laws and then formally apply for and receive
non-profit tax-exempt status from the IRS,
in order to raise money through tax-free contributions. Also, an officially-recognized organization
can shield some of the organizing individuals from certain financial risks and
can confer legal standing (a technical term referring to whether a party
challenging has the status of a resident or organization affected by the
proposed development).
Also, lawyers are
better negotiators than ordinary citizens, especially those emotionally
involved in the case. You’ll be needing them down the road, when offers to
negotiate come your way.
How do you find a lawyer? Ask a lawyer for recommendations. They know which lawyers have experience with
which kinds of cases. A lawyer
specializing in estate and probate work will not be useful to you, but he or
she may know who might be good. You need
a lawyer with experience with environmental or historic preservation issues and
civil law. The lawyer you want has
handled similar cases to yours and can tell you of the outcomes of cases
handled. Ask for references, and contact
them. “How well did this lawyer serve
you? Did he/she discuss charges? Was he/she a good communicator? Did you trust
him/her? Would you retain him/her again
if you had a case similar to ours? The
lawyer you want will want you, and will give evidence of success in the past.
Lawyers charge by the
hour, so it is important that you are clear and efficient in your communication
with him/her after the initial (usually free) consultation. Do not have multiple members of your
organization contacting him/her, or send unimportant messages to him/her. Most lawyers charge for every billable hour
spent on your case, and this includes reading junk mail or frivolous
conversations.
3. Persuasive power, at the negotiating table and in
other formal settings: Your organization
should line up cave and karst experts early in your campaign. Getting experts on your side is a prudent
preemptive step. Find experts with
credentials who have served before as expert witnesses; they may be geologists,
geohydrologists, biologists, or engineers. (more to come here)
Warning: a
common tactic by the experienced negotiator on the pro-development side is to
co-opt your technical experts. Sincere
and competent karst experts may feel they can “talk sense to money.” Unless
your experts are already formally retained by you, they may try to become
free-lance “peacemakers,” and do heavy damage to your case if it comes to a
challenge. Real experts have plenty of
experience in handling trick questions calculated by attorneys to trap the
innocent. (more to come here)
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